Williams v. Stroh Plumbing & Electric, Inc.

Plaintiff brought this law action on an account against defendant for $436.97 assigned to her February 20, 1954, by J. F. McGaffee who- did business as J. F. McGaffee Company — Des Moines Plumbing and Heating Company. Upon trial to the court without a jury plaintiff was denied recovery on the ground defendant held a claim against plaintiff’s assignor for materials delivered to him in the amount of $456 which was established as an offset. Plaintiff appeals.

I. Plaintiff contends it appears without dispute that defendant by its conduct waived its right to' offset as against her its claim against…